Farah Naaj vs Ali Hasan & Ors.
2022 Latest Caselaw 2523 Del

                          $~1
                          *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +        C.R.P. 109/2022, CM APPL. 34421/2022

                                   FARAH NAAJ                                            ..... Petitioner

                                                       Through:     Mr. Wasiq Khan and Mr. Taslim
                                                                    Ahmad, Advocates.

                                                       versus

                                   ALI HASAN & ORS.                                     ..... Respondents

                                                       Through:     Mr. A. Jain, Adv. for R-1 to 3.

                          %                        Date of Decision: 18th August, 2022
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                          JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. The present revision petition has been filed challenging the impugned order dated 9th May, 2022, whereby the right of the petitioner- defendant to file written statement was closed and defence of the petitioner-defendant was struck off and the application under Order 39 Rules 1 & 2 CPC was allowed by the learned Additional District Judge-02, Shahdara, Karkardooma Courts.

2. Learned counsel for the respondent Nos. 1 to 3 has very graciously submitted that the petitioner-defendant may be permitted to file written statement subject to heavy cost.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:23.08.2022 10:18:50

3. In view of the submissions made, the order dated 9th May, 2022 is set aside with the following directions:

a) The delay in filing the written statement by the petitioner-

defendant stands condoned subject to the cost of Rs.5,000/-.

b) The learned Trial Court shall decide the application under Order 39 Rules 1 & 2 CPC afresh after taking into account the pleadings of the parties.

4. Learned counsel for the petitioner has submitted that the written statement has already been filed. The learned Trial Court is directed to take the same on record.

5. Learned counsel for the respondent has submitted that in fact, the petitioner has also violated the status quo order and he shall move an appropriate application for the same.

6. With these observations, the present revision petition along with pending application stands disposed of.

DINESH KUMAR SHARMA, J AUGUST 18, 2022 Pallavi

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:23.08.2022 10:18:50